Biden’s last-minute constitutional change slammed by legal experts: ‘Critical and useless’
Legal experts have criticized President Biden’s announcement declaring the 28th amendment law “ridiculous and useless.”
Biden on Friday issued a statement saying that the Equal Rights Amendment (ERA) should be considered a valid and new addition to the US Constitution.
“It is long past time to recognize the will of the American people. In keeping with my oath and duty to the Constitution and the country, I affirm what I believe and what has been approved by three-fourths of the states: The 28th Amendment is the law of the world, guaranteeing all Americans equal rights and protection under the law regardless of their sex,” he said. .
BIDEN’S OFFICIAL BIDEN’S ACCOUNT X IS PASSED THROUGH REFERENCE TO AN EXISTING CONSTITUTION AMENDMENT.
“Biden’s announcement is reprehensible and ineffective,” said former Assistant US Attorney and Fox News contributor Andrew McCarthy. “If he believed what he is saying, he would have said it when he started his administration, not when he came out as an unsuccessful one-term president.
“The most important thing is that the president has no role in the constitution in the matter of amendment, so his opinion has no weight.”
“President Biden seems intent on moving his administration from the tragic to the absurd,” Jonathan Turley, a Fox News contributor and the Shapiro Professor of Public Interest Law at George Washington University, told Fox News Digital. “This was a shameful moment to bring together extreme elements in his party. It is a long-rejected and irrational position.”
When asked during the announcement by reporters, Biden said on Friday, “Because I had to get all the facts and contact every constitutional scholar in the world to make sure it was the right decision.”
The ERA would prohibit discrimination based on sex. It was sent to the states for ratification in 1972, and Congress set a 1979 deadline for three-quarters of state legislatures to approve the amendment. The deadline was later extended to 1982.
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Virginia was the last state to pass the amendment in 2020, pushing the final number of states that had passed the amendment to 38. McCarthy noted that the ERA “was not ratified by the states within the statutory time frame.”
“The only way to put it in the Constitution would be to start from scratch,” said McCarthy. “Everybody knows this, including Biden. That’s why the national archivist hasn’t published it, and Biden doesn’t have the guts to try to order it to be done.”
Turley also said: “Biden has notably stopped short of giving the left what it most wanted: a real executive order on confirmation. He just made an announcement and might as well have left the matter to the archivist.”
ERA: WHAT YOU NEED TO KNOW ABOUT THE EQUAL RIGHTS AMENDMENT
The national archivist is responsible for making constitutional amendments legal. The archivist had previously declined to certify the amendment, citing a 2020 opinion from the DOJ’s Office of Legal Counsel (OLC) that “confirmed that the ratification deadline established by Congress for the ERA is valid and enforceable.”
“The OLC concluded that extending or removing the deadline requires new action by Congress or the courts. Court decisions at both the State and District levels have confirmed that the ratification deadlines established by Congress for the ERA are valid,” the National Archives said. statement in December. “Therefore, the Archivist of the United States cannot legally publish the Equal Rights Amendment. As leaders of the National Archives, we will abide by these legal precedents and uphold the constitutional framework within which we operate.”
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“This is just self-delusion,” McCarthy said. “It won’t have lasting value.”
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